Charleston Divorce Lawyer: Fault-Based vs. No-Fault Grounds

Many of the most emotionally straining divorces are those involving fault-based grounds. Fault-based grounds for divorce include adultery, physical cruelty, habitual drunkenness and abandonment. Those parties forced to file on these grounds often still care for the other spouse, but that spouse's behavior has made it impossible for them to carry on a healthy marriage. These cases can be heated, and present many obstacles for even an experienced Charleston divorce court lawyer.

But while the fault-based cases are often contentious, they only comprise a portion of Charleston divorce court cases. The no fault-based grounds of one year's separation is a common route that dissenting spouses take to end their marriage. In order to be eligible to file on the no fault-based grounds of one year's separation, the spouses must live separate and in different homes for a period of one continuous year. If the spouses spend even one night together, the one year's separation can be nullified, in which case the one year would start over.

Although the parties aren't officially divorced, either of the parties can file for separate support and maintenance . This allows the divorce court to put rules in place concerning child custody, visitation and support, property division, and alimony until the divorce proceedings become official after a period of one year.

In the early stages of the divorce, the husband and wife can be conflicted about their feelings about the separation. It's important that if you're serious about your decision and that if you're going to go through with it that you or both parties file an action for separate support and maintenance. This can give you and your spouse some governing rules to live by so as to avoid any confrontation or conflict during the waiting period for one year's separation.

If you or someone you know needs a Charleston divorce court lawyer, give me a call. I can help – 843-323-4341 .

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